The Democratic Republic of Congo accuses Apple of using minerals from illegal mining, and of false advertising about its supply chains.
Critical metals are at the heart of the iPhone. A single smartphonefor example, can contain up to two-thirds of all the elements in the periodic table.
In a criminal complaint filed last week, the Democratic Republic of Congo accused Apple of using these minerals from illegal mines in the country, namely tin, tantalum, tungsten and gold.
UN officials said some of the mines in question are exploited by armed groups involved in massacres of the civilian population, widespread sexual assaults, rampant looting and other crimes.
“The objective is to show consumers that the product they have in their hands is tainted by international crimes,” the Belgian lawyer told Christophe Marchandwho prepared the DRC lawsuit against Apple.
“Deceptive business practices”
The DRC specifically accuses Apple’s French and Belgian subsidiaries of smuggle Congolese raw materials through Rwanda.
In addition to the “laundering of minerals from conflict zones”, one of the complaints filed by lawyers on behalf of the DRC Ministry of Justice accuses the company of employing “deceptive business practices to assure consumers that supply chains are clean.”
The objective of the legal action is “to confront individuals and companies involved in the chain of extraction, acquisition and commercialization of natural resources and minerals looted in the DRC”.
Apple, however, issued a lengthy statement in its defense: “We strongly dispute these allegations. Our suppliers comply with the highest industry standards. As conflict in the region escalated earlier this year, we notified our suppliers that their smelters and refineries must suspend supplies of tin, tantalum, tungsten and gold from the DRC and Rwanda.
“We took this action because we were concerned that it was no longer possible for independent auditors or industry certification mechanisms to carry out the due diligence necessary to meet our high standards.”
According to Apple, the company does not purchase its primary minerals directly, but from audited suppliers. Apple’s 2023 Conflict Minerals Report states that “no reasonable basis was found” for the company’s supply chains to have “directly or indirectly” financed or benefited armed groups in the DRC or an adjacent country.
Apple standards called into question
Many organizations are skeptical about the effectiveness of Apple’s control mechanisms. The UN Group of Experts on the DRC revealed that the gold mined in the country passes illegally through Rwanda and Uganda before being exported.
“It is known that there are refineries in these countries that are supplied with raw materials such as gold from the DRC,” he said Emmanuel Umpulaexecutive director of the African Observatory of Natural Resources (AFREWATCH), who denounces the role of Rwanda and Uganda in this mineral trade.
Although Rwandan authorities deny that the country is complicit, traders in Bukavu say South Kivu gold is often sold to buyers based in Kigali or Cyangugu, Rwanda.
“The illegal extraction of raw materials in eastern DRC is one of the reasons why the war continues. It’s a predatory system of people who want the conflict to continue so they can plunder mineral resources,” said Umpula.
Umpula further said that traders usually took the minerals to countries like China first to cover their tracks. The minerals are then processed in that country before being delivered to companies like Apple.
The North American technology giant claims to be using more and more recycled resources. According to Apple, 99% of the tungsten and 100% of the cobalt for the batteries in the iPhone 16 series of products are recycled.
The company states that its policy includes financing institutions that strive to improve the traceability of raw materials. According to Apple, support for regional initiatives that help communities affected by conflicts has also been expanded.
Skeptical population
Hippocrates Mena member of the Civil Society Advisory Committee in South Kivu province, told DW that the war against Apple is welcome. He is optimistic that in the long term this will help put an end to human rights violations in the DRC.
“That’s a relief,” Marume said. “That is why we are asking all civil society organizations to support our lawyers. So that we can access reparations for the damage that these groups have already caused in collusion with the rebels.”
An environmental activist who asked not to be identified told DW that companies and armed groups are not the only ones to blame for this type of trade. According to him, the DRC authorities are not complying their duty to protect the population and control the country’s resources. “They were the ones who issued the licenses to the companies”, he denounced.
Umpula remains hopeful that the DRC’s lawsuit could force multinational companies to take a closer look at their supply chains. It is now up to the French and Belgian courts to decide whether investigations will be launched, which could set a precedent.
These two countries were chosen because of their stricter accounting regulations to encourage corporate responsibility. On the other hand, in March in the United States, a federal court rejected an attempt by private plaintiffs to hold Apple, Google, Tesla, Dell and Microsoft responsible for the use of child labor in DRC cobalt mines.
Marchand, the lawyer who brought the lawsuit, said it has been proven beyond doubt that Apple’s suppliers source raw materials from conflict zones. “The next step is to prove that Apple knows this,” he said.
